Status of H1B Visa

[nvishal]

Hello All,
I came back from USA in March 2008 due to recession. Now I am planning to go to USA and I spoke to my employer that I am coming back to USA. My visa is going to expire in May 2010.

But my employer is saying that "As per the recent USCIS guidelines every employer has to revoke the H1B petitions of every employee if they are no more employed and out of country. So he said that my H1B petition was revoked and no more valid and he need to file the new application again if I am rehired back".

Is this correct or not.

If I have to file new application again DO I NEED TO PAY THE H1B VISA FEE AGAIN IF I WANT TO WORK WITH THE SAME EMPLOYER OR CAN I APPLY H1B WITH ANY OTHER NEW EMPLOYER?



Please let me know the details ASAP as I am little bit in confusing state.

Waiting for your favourable reply.


Thanks
Vishal

[shervin143]

I came back from USA in March 2008 due to recession. Now I am planning to go to USA and I spoke to my employer that I am coming back to USA. My visa is going to expire in May 2010.

But my employer is saying that "As per the recent USCIS guidelines every employer has to revoke the H1B petitions of every employee if they are no more employed and out of country. So he said that my H1B petition was revoked and no more valid and he need to file the new application again if I am rehired back".

Is this correct or not.

>>>> That is correct. If your employer has already revoked your petition, then he will need to file a new one.


If I have to file new application again DO I NEED TO PAY THE H1B VISA FEE AGAIN IF I WANT TO WORK WITH THE SAME EMPLOYER OR CAN I APPLY H1B WITH ANY OTHER NEW EMPLOYER?

>>>> Visa is different from petition. H1B is an employer's petition. Paying for H1B petition by an employee is totally illegal. If caught, both you and your employer will be in trouble.

Since your existing H1B visa is valid till May 2010, you can use that to travel to U.S (Once the new petition gets approved). If you travel after May 2010, then you need to get the visa stamped.

By all means, you can find a new employer who can sponsor your H1B (who can either file a new petition or transfer the existing).